Daily Archives: Wednesday, September 23, 2020

Posted: September 23, 2020

Mariah Carey Entitled to Sanctions and Adverse Inference After Defendant Destroyed Relevant Evidence

On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision addressing when a party is entitled to sanctions and an adverse inference at trial for the destruction of relevant evidence. In Carey v. Shakhnazarian, 2020 NY Slip Op 51040 (U), Justice Borrok confirmed longstanding New York precedent that a... Read more »

Posted: September 23, 2020

CGL Insurer Had No Duty to Defend Where Undisputed Facts Showed Policy Exclusion Applied

Posted by Bradley J. Nash, Litigation Partner On September 16, 2020, Judge Failla of the SDNY issued a decision in Philadelphia Indemnity Ins. Co. v. Streb, Inc., Case No. 19-CV-366 (KFP), ruling that a CGL carrier had no duty to defend a personal injury action because undisputed “extrinsic evidence” (i.e., facts not alleged in the... Read more »

Posted: September 23, 2020

Performance or Occurrence of a Condition Precedent in a Contract Need not be Pleaded

On September 8, 2020, Justice Masley of the New York County Commercial Division issued a decision in CSC Holdings, LLC v. Samsung Elecs. Am., Inc., 2020 NY Slip Op. 32956(U), holding that the performance or occurrence of a condition precedent in a contract need not be pleaded, explaining: Samsung further argues that this claim should... Read more »